ADRIAN T. PICKENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Pickens sought appellate review of the trial court’s denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850, or in the alternative, review of the trial court’s denial of his request to file a second motion for post-conviction relief. However, Pickens admits he has no post-conviction relief motion pending in the court and the clerk of the lower court has found no order denying his request to file a second motion for post-conviction relief. Since there is no reviewable order rendered below, this court has no appellate jurisdiction to proceed in this matter.1
DISMISSED.
SHARP, W., GRIFFIN and PALMER, JJ., concur. . This opinion shall not foreclose appellate review of Pickens' other appeal pending in this court in Case No. 5D05-4528.
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Cunniff v. State, 950 So. 2d 1255 (Fla. 2d DCA 2007)…dge. Ronald Cunniff petitions for certiorari review of an order dismissing as untimely his motion for mitigation of sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). We have jurisdiction to review the order. See Byrd v. State, 920 So. 2d 825, 826 (Fla. 2d DCA 2006); Seward v. State, 912 So. 2d 389, 390 (Fla. 2d DCA 2005). Because the trial court departed from the essential requirements of law in dismissing the motion, we grant the petition, quash the trial court’s order, and remand for…
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Griffin v. State, 979 So. 2d 1253 (Fla. 4th DCA 2008)…State, 765 So. 2d 847 (Fla. 4th DCA 2000) (granting petition where rule 3.800(c) motion was timely filed within sixty days of date of denial of certiorari by the United States Supreme Court as to petitioner’s original direct appeal); Byrd v. State, 920 So. 2d 825 (Fla. 2d DCA 2006) (quashing order dismissing rule 3.800(c) motion as untimely, though filed within a few days of voluntary dismissal of defendant’s direct appeal). Rule 3.800(c) (emphasis added) provides, in pertinent part, as follows: A court ma…
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